Most motorcycle accidents in Providence, Pawtucket, Bristol or Cumberland RI aren’t caused by motorcyclists. Experienced Smart bikers in Rhode Island take precautions to attempt to avoid accident situations. The most common causes of fatal motorcycle accidents are:

Vehicles turning left in front of motorcyclists

Rear-end collisions

Other vehicles changing lanes

Vehicles failing to yield the right-of-way when entering a roadway or intersection

Head-on collisions

The Wrongful Death Act

When a fatality occurs as the result of the negligence of somebody else, the decedent’s family might bring a case under the Rhode Island Wrongful Death Act called the “Death By Wrongful Act” statute.

“§ 10-7-1 Liability for damages for causing death. – Whenever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who, or the corporation which, would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony.” TITLE 10 Courts and civil procedure–Procedure in particular actions CHAPTER 10-7, Death By Wrongful Act, SECTION 10-7-1 http://webserver.rilin.state.ri.us/Statutes/TITLE10/10-7/10-7-1.HTM

The RI wrongful death statute details which family members are permitted to bring the action and the damages like medical bills, lost earnings and funeral expenses that the family can seek.

After a sudden death, a family can be emotionally and financially devastated, but even innocent victims are still required to prove their case. Families of those who died as a result of the negligence of others deserve justice and fair compensation. If your family member died as a result of a motorcycle accident, you can contact us for a free consultation and case evaluation. Learn how we might be able to help you. We’re experienced, compassionate, aggressive and successful wrongful death lawyers. Families of those who died as a result of the negligence of others deserve justice and fair compensation.

Working on a construction site can often involve heavy lifting, working with large machinery, and in general, fast-paced hard work. Unfortunately, a variety of injuries can occur when working in the construction field. The following are some of the most common types of work related construction injuries. If you were injured in the scope of …

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If you were working and were injured by a third party as a result of the negligence of a third party (not your employer) then you may also have a third party claim for negligence as well as a workers comp cause of action. This includes Providence medical malpractice claims as well as product liability causes of action in RI.

1. Falls Most of the time, construction work takes place above ground level, creating situations in which falls could occur. Workers are often on ladders, roofs, and scaffolds, making falls and injuries from falls one of the most common types of work related injuries. Falls can result in a variety of specific injuries such as severe cuts and broken / fractured bones. Spinal cord injuries can also happen.

2. Burns Injury requiring a RI workers compensation attorney Burns are a major type of injury suffered by construction workers due to the high incidence of explosions and fires on building sites. Dangerous chemicals are many times used on these work sites, which contributes to the increased possibility of fires and explosions occurring. Sometimes simply handling different types of chemicals can cause burns on exposed skin.

3. Head Injuries There’s a reason it’s usually required for anyone in a construction zone to wear a hard hat. Even when a worker is wearing the appropriate head gear, large objects falling can strike the head and cause serious injuries. Concussions and even more serious long-term brain injuries can result from head injuries in Rhode Island.

4. Hearing Loss The noise level on many construction sites can be extremely loud. Large machinery, jackhammers, and drills can cause the noise to remain at a level that can permanently damage an individual’s hearing. This type of hearing loss can take place gradually and may not be noticeable for several years. Falling objects that strike that side of the head can even contribute to hearing loss.

5. Heat Stroke Construction workers are outside year-round in almost all weather conditions. Exposure to the sun coupled with overexertion can sometimes lead to heat stroke. Some symptoms include becoming lightheaded and experiencing nausea. It’s important to seek medical attention before heat stroke becomes more serious. If left untreated it can lead to kidney, heart, and brain damage, and can even cause death.

Out of all the activities performed inside a vehicle or auto in motion in Rhode Island, driving while texting is considered the most dangerous. Based on recent available statistics, the National Safety Council reports:

• More than 25 percent of all vehicle and car accidents nationwide are caused by motorists who are texting while driving.

• Texting while driving is significantly more dangerous than drunk driving because the activity is six times more likely to cause a serious vehicle accident.

• Responding to text messages distracts the driver for approximately five seconds. In this amount of time while traveling at 55 miles per hour, the motorist has inattentively driven their vehicle more than the length of a football field.

• Nine out of every 10 motorists support legislation that bans the activity of texting while driving and three out of every four motorists would like to see a ban on using handheld smart phones while operating a vehicle.

Teenage Texting While Driving Statistics

Due to a lack of driving experience, many teenagers lack the coordination, skills and practical familiarity of operating a vehicle while texting. The National Safety Council reports that the rate of texting-associated accidents among teenagers has increased at an alarming rate. The most common teenage texting while driving statistics include:

• 11 teenagers on average die each day due to texting while driving.

• More than one out of every five teenage motorists involved in a fatal car accident was distracted because they were using their mobile device.

• Teens have a 400 percent greater chance of being involved in a car accident when texting or talking on their smart phone.

Even though some pedestrian accidents are caused by the action of the pedestrian, in most cases the accident was actually the result of negligence by someone else. In many incidents, negligence or reckless actions can be attributed to a motorist or an entity like a maintenance company or construction company that is in charge of …

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• Failing to Follow the Rules of the Road – Drivers failing to come to a complete stop at a red light or stop sign is a major cause of many pedestrian accidents.

• Failing to Yield – Many pedestrian accidents occur because the motorist failed to yield to an individual legally crossing the road at crosswalks and other designated areas.

• Speeding – Traveling at too fast a speed for the conditions and design of the roadway can lead to a serious pedestrian accident because the motorist might not ever see the individual crossing the street, walking parallel with the road or standing in a safe area as an innocent bystander.

• Driving Recklessly – Speeding through residential areas and in parking lots place the lives of innocent victims in grave danger.

• Disobeying School Zones – During school hours, motorists are required to obey school zone signs to allow young pedestrians to cross the road without assistance.

• Texting While Driving – Reading, sending or receiving a text message while driving can be major distractions that cause many pedestrian accidents every year.

• Making Illegal U-Turns – Many intersections are specifically marked with signage indicating no U-turns allowed. When the motorist makes an illegal U-turn, the vehicle can easily hit an unsuspecting pedestrian in the crosswalk.

• Driving While under the Influence – Operating a vehicle while under the influence of drugs or alcohol causes a high majority of pedestrian accidents where the motorist was too impaired to notice a pedestrian.

• Failing to Check for Pedestrians – Many drivers are in a hurry and simply fail to check for any pedestrian entering or moving in a crosswalk.

• Weaving in and Out of Lanes – The motorist can easily lose control of their vehicle when weaving in and out of traffic lanes, hitting a pedestrian who is legally in the roadway.

• Driver Inexperience – Many young drivers lack sufficient training and experience which can easily place the lives of pedestrians and bicyclists in harm’s way.

Many victims injured on another’s property will hire a personal injury attorney because of the complexities of filing and resolving a claim for compensation involving premises liability. This is because pursuing financial recovery is extensive and requires a comprehensive understanding of Rhode Island tort law and the ability to negotiate with claims adjusters or present a case at trial. The most common Rhode Island premises liability cases handled by personal injury attorneys involve:

Who is legally liable for a personal injury involving premises liability?

Usually, in Rhode Island, the property owner has a legal responsibility for any injury occurring through negligent maintenance of the premises. However, many business tenants lease the commercial property from the owner who might not have any or all control of the premises. When that occurs, the business tenant usually has a legal responsibility to keep the maintenance on the property.

However, many slip and fall accidents occur on residential properties that might be owned by a landlord and rented by the tenant. Other situations might include contractors working on the property who share in liability if they played a part in the accident that caused injuries. In most cases, homeowners, property owners and commercial tenants will maintain liability insurance that provides coverage for slip and fall and premises liability claims.

While every personal injury case is unique, there are general answers to common FAQs (frequently asked questions) to help you better understand how to handle your case. This RI Injury Law FAQ article explains what to do if you are involved in an automobile accident, how to determine the value of your case for compensation and the restrictions of filing your claim or suit based on the Rhode Island statute of limitations. In addition, the article will answer what to do if the individual or entity responsible for your damages has no insurance and how you can still obtain financial compensation for your injuries if you are struck by a hit-and-run driver.

Premises liability claims for compensation like those involving slip and fall accidents, community pool drownings, dog bites and retail store liability cases are complex. This article defines premises liability under RI (Rhode Island) law. In addition, the article outlines the most frequently pursued claims for compensation involving slip and fall cases, premises liability lawsuits and personal injuries caused by the negligent disregard of owners and holders of property.

The article details the most common places where slip and fall accidents occur and why property owners are legally liable to pay compensation to the victim. Readers learn valuable information concerning comparative negligence in personal injury cases to determine the level of responsibility of all parties involved in a premises liability lawsuit.

This RI Personal Injury Law article provides information on how to determine the true value of a suit or claim filed for compensation after being involved in an accident. The article informs the reader what to bring to an initial consultation to discuss the case including information the attorney will need from the victim to evaluate the claim’s monetary value.

A RI wrongful death lawsuit based on a car, motorcycle or motor vehicle in a vehicular collision with a bicyclist causing injury or death must be filed within a legally specified period of time. This is called the statute of limitations. Should a person miss this deadline, they could lose their right to file a personal injury lawsuit in Rhode Island Courts. A Rhode Island wrongful death attorney will know the statute of limitations provided by law which is three years in the Ocean State

RI bicycle crash personal injury or wrongful death Lawsuit Process

A top Rhode Island fatal car- bicycle crash attorney will know how to file a wrongful death lawsuit involving a deadly bicycle accident. The best bicycle accident attorneys in Rhode Island are keenly aware that the settlement and litigation process to obtain compensation for a fatality begins at the site of the bicycle motor vehicle accident. Pictures of the Barrington, Bristol or Warren car / auto accident scene, the bicycle and vehicles involved are essential. A list of names and contact information for any witnesses to the Newport, Tiverton or Middletown bicycle collision is also very important. The police report taken must be verified for accuracy. The bicycle riders clothes and helmet must be saved. These are things that can be used as evidence during a wrongful death jury trial on the merits.

Discovery

After the lawsuit is filed, the discovery process begins. This is when both sides involved in the lawsuit collect evidence to prove their claim. Depositions are taken from witnesses. Medical experts are asked to give their opinions on medical records. Professionals who are experts at accident reconstruction may be utilized. It some cases, financial consultants are used to determine the extent of the economic loss from the bicycle accident for both the present and future.

Settlement

Most insurance companies want to avoid a jury trial. In order to do this, they will often offer the lawsuit plaintiffs a settlement. A RI personal injury attorney who is experienced in personal injury law in Rhode island will know if the settlement offer is good or needs to be negotiated further. If the settlement offer is not acceptable, the Providence wrongful death attorney representing the executor of the estate of the deceased may recommend going to trial.

Premises liability claims in Rhode Island and Massachusetts for compensation are based on a legal theory that a RI or MA owner of a property is legally liable for any accident that causes injuries or damage to others on their property. These types of claims can involve slip and fall incidences, backyard drownings or …

David Slepkow's insight:

Premises liability claims in Rhode Island and Massachusetts for compensation are based on a legal theory that a RI or MA owner of a property is legally liable for any accident that causes injuries or damage to others on their property. These types of claims can involve slip and fall incidences, backyard drownings or other type of accident on a property not owned by the victim. Most cases involve property defects, hazardous conditions, inadequate security and attacks by vicious animals. Below are important frequently asked questions concerning premises liability cases.

Can I receive financial recovery in a RI slip and fall case?

In most cases, the answer is yes. This is because premises liability cases including slip and fall incidences are covered by liability insurance in a business enterprise or homeowner’s insurance policy. The coverage for premises liability claims are designed to provide protection to the policyholder in the event that someone is injured on the property.

What is not covered in premises liability policies?

Coverage for premises liability issues do not cover any injury of the policyholder.

Many claims adjusters will offer a quick settlement to a Rhode island slip and fall victim in an effort to minimize the amount of compensation you receive. This is because the primary goal of insurance companies is to maintain their profits usually at the expense of victims. Instead, contact a reputable RI personal injury attorney or a Rhode Island slip and fall lawyer who specializes in premises liability cases to negotiate an out-of-court settlement based on the true value of your case.

If a criminal intentionally commits a crime, the property owner may not be held liable for the acts of that person. For instance, if an individual owns a commercial building where he or she operates a business, he or she would not usually be responsible for intentional crimes committed by employees. Still, that employer would have to show that he or she conducted a background check or took other reasonable steps to ensure that an employee did not pose a higher risk of committing a crime. There is also the possibility of a negligent hiring cause of action in Rhode Island in which the victim alleges that the employer failed to properly screen candidates or do a proper background check on employees causing the victim injuries as a result.

What Was the Status of the Criminal While on the Property?

The law takes into consideration that some parties are allowed to be on a property while others are not. If a criminal was trespassing when he or she committed a crime, the property owner may not be liable if it was not reasonable to expect the trespasser to enter the property. However, if the individual was invited onto the property or had permission to use it in any way, the owner of the property would more likely be liable if that third-party committed a crime.

Whether or not a property owner is liable for a crime committed by a third-party largely depends on the facts in the case. If it was reasonable to believe that an action or failure to take action increased the odds that a crime could occur, a victim may have a chance at winning compensation from that person.

Operating a motor vehicle in RI and MA requires the driver’s full attention and awareness of the road at all times. Sadly, motor vehicle accidents are one of the two leading causes of injury death over an individual’s lifetime. While many new laws in Rhode island and Massachusetts have been enacted to focus on banning texting while driving and the use of handheld phones, the number of distracted driving accidents have increased. Distracted driving endangers everyone including the motorist, the passengers in the vehicle, others sharing the roadway and bystanders including pedestrians and bicyclists. The most common types of distractions in Boston and Providence involve:

• Talking on a smart phone or cell phone • Texting • Communicating with passengers • Drinking and eating • Grooming including applying makeup and combing hair • Using a navigational system inside the vehicle • Reading including studying maps and typing or responding to emails • Adjusting inside media devices including the radio, MP3 player or CD player • Watching videos on mobile devices

Because most driving distractions in Mass and in Rhode Island and Providence Plantations including text messaging and talking on the phone requires manual, visual and cognitive attention, the motorist can easily lose their attention to the road.

Distracted Driving Key Statistics and Facts

According to statistics maintained by distraction.gov, using a headset to place a phone call or receive a call is not that substantially safer compared to using a handheld mobile device. Many drivers justify their actions by indicating the reading attacks is far safer than writing one or sending one. Other motorists claim they hold their smart phone closer to the windshield as a way to increase visibility or will only read or send attacks while at a red light or stop sign.

If I obtain a new RI personal injury lawyer, who is liable to compensate the prior discharged liability attorney?

Your prior lawyer may assert a ‘statutory lien’ against your car wreck, premises liability, slip and fall or trucking accident cause of action. Once there is a settlement with the tortfeasor and the liability and indemnity insurance company forwards your new injury lawyer the settlement funds, then the Rhode Island attorneys will sort out what is fair compensation for the lawyer you fired. The client is not required to compensate the prior attorney out of their own funds.

When your RI car crash lawsuit or claim is settled or when your RI personal injury lawyer receives the settlement cash as a result of a verdict after a trial in Providence Superior Court or after a settlement, the old and the new lawyer will equitably divide the settlement funds.

It does not cost the injured victim anything additional as a result of retaining a new RI personal injury lawyer. The Providence lawyers involved must come to an agreement as to the ‘cut’ received by the attorney. If the injured victim retains new counsel then the attorneys will split the Thirty Three Percent contingency fee. Most automobile accident and other negligence and liability claims such as motor vehicle accidents are litigated on a contingency fee basis. This means in which the RI car accident lawyer agrees to take a third of the settlement obtained by the victim. If the injured victim hires a new personal injury lawyer in Rhode island then the attorneys will split the (33%).

What types of personal injury and negligence claims are handled on a contingency fee basis?

What do I do if the lawyer I fired and the new attorney are squabbling over fees in a nasty fee dispute?

If the lawyers are fighting over their cut of the settlement and cannot agree on how to divide the lawyers fees then they can submit the dispute to the Rhode Island Bar Association fee dispute arbitration. Otherwise, the RI personal injury lawyers can litigate.

Drinking and New Year’s Eve go hand in hand. Unfortunately, some Rhode island residents make the poor decision to drive while they are too intoxicated to safely and legally operate a motor vehicle. With increased numbers of drivers on the roadway during the holiday, the likelihood of car accidents caused by drunk drivers increases. If …

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What types of damages can be pursued against the drunk driver?

The law allows individuals who are injured by a drunk driver in Providence several different remedies. Victims in these ri truck, van or auto accidents may be entitled to various types of compensation, including payment for medical expenses, pain and suffering, emotional distress, property damages, future medical expenses, and lost wages. An experienced Providence car attorney will be able to analyze your situation and determine which damages you may be entitled to pursue.

How can an attorney help?

Personal injury claims can be complex and require the victim to prove several legal elements. A negligence attorney in RI will know how to effectively pursue a claim and what is needed to be successful. A RI motor vehicle wreck attorney will be able to comply with the rules and procedures, to make sure your claim is not dismissed on a technicality. A car cras attorney in Warwick or Newport will help hold the drunk driver an make them pay for their irresponsible choices. Do not delay contacting a RI personal injury lawyer if you have been injured by a drunk driver.

Sadly, car accidents are an all too common occurrence and studies indicate that most Rhode Island crashes occur within five miles of home. The most potential cause of a vehicle accident usually involves negligence, traffic gridlock, driving recklessly, speeding, and unsafe driving practices to name just a few. Some of the most serious RI car accidents causing catastrophic injuries and death happen on city side roads and parking lots. The 10 most common types of car accidents involve:

• Rear End Collisions –

When a car strikes the back of a vehicle ahead, it is often the result of distraction, inattention or sudden deceleration without adequate time to brake or slow down. Rear end collisions can cause serious injuries including whiplash that affect both passengers and drivers riding in the impacted vehicle. Usually, the fault of the accident is placed on the driver who rear ends the vehicle ahead.

• Sideswipe Crash –

Sideswiping usually happens when two vehicles traveling parallel will touch, collide or crash into each other. Many times, one or both vehicles are damaged only slightly unless one motorist loses control prior to the accident.

• Side Impact accident or Collision –

Broadside, “T-bone” or side-impact collisions usually happen when one vehicle runs a stop sign or red light. These types of providence, Warwick or Cranston collisions are typically caused when the front of one vehicle impacts the side, rear or front of another vehicle or fixed object. The vehicle damage to both vehicles is commonly quite extensive and injuries tend to be catastrophic, especially to passengers and drivers inside the vehicle struck by the approaching car.

• Vehicle Rollovers –

Driving or riding in a vehicle that rolls over in Rhode Island can be both frightening and dangerous. This is because rollovers cause the vehicle to flip over on its roof or side. While any type of car or truck can roll over, the highest incident rates of rollover accidents occur in SUVs or other vehicles with a higher center of gravity than most passenger cars.

More than 30,000 individuals lose their lives in vehicle accidents every year and countless others face years of extensive recovery from serious injuries. Most Rhode Island car accidents are caused by speeding, distracted driving, reckless behavior, automobile defects, construction activity, road repair and drunk driving.

Some of the most catastrophic accidents in RI involve large commercial vehicles that result in wrongful death lawsuits. In many instances, a claim for compensation is filed against the trucker and trucking company citing various acts of negligence including:

While most medical professionals are good at their jobs, there are numerous incidences where medical malpractice occurs because the doctor, nurse or other health care giver failed to follow proper protocols and procedures or cut corners that took the lives of their patients. The most common medical malpractice wrongful death cases in Rhode Island involve:

• Do Exchange Pertinent Information – It is crucial to gather as much information about other parties involved in the accident including their names, phone number and addresses. If the car accident involves another vehicle, be sure to collect the license plate number, driver’s insurance information and the other vehicle’s make, model and year along with the driver’s license numbers and registration of the other parties.

• Do Remain at the Scene and take pictures– Leaving the accident scene before police and emergency services arrive might make it appear as though you are a hit-and-run offender. Additionally, it is important that the other vehicle remain at the scene until the police arrive. This is because accident victims are often given false information and bogus insurance numbers. It is crucial that you take pictures of the scene of the RI motor vehicle wreck and all automobiles involved.

• Don’t Panic and Keep Quiet – Taking a deep breath and remaining calm will help keep your mind clear and make it easier to remember to remain quiet as to exactly what happened.

• Don’t Sign Any Documents – Within a day or two after the accident, claims adjusters working for insurance companies will begin the process of resolving your case by offering you a low settlement amount. In many cases, the inadequate offered settlement is too low to pay for your medical expenses, lost time away from work, the inability to work in the future, damaged vehicle repairs and intangible damages including pain and suffering.

• Do Call a Rhode Island Perspnal Lawyer – The sooner you consult with a RI car accident attorney, the quicker investigators can gather valuable evidence necessary to support your claim for financial compensation. Additionally, all claims for compensation must be filed before the state statute of limitations expires.

• Don’t Wait to Get Legal Advice – If you wait too long to obtain legal advice, counsel and representation, it may be extremely challenging to prove your case to hold responsible parties financially accountable for the injuries, losses and damages they have caused.

• Driving Distracted – Diverting attention away from the roadway and surrounding area can cause a catastrophic pedestrian accident when individuals are crossing the road at designated crosswalks. Many car and truck motorists are distracted by their gps cell phone or electronic device.

• Failing to Follow the Rules of the Road – Drivers failing to come to a complete stop at a red light or stop sign is a major cause of many pedestrian accidents.

• Failing to Yield – Many pedestrian accidents occur because the automobile / auto motorist failed to yield to an individual legally crossing the road at crosswalks and other designated areas.

• Speeding – Traveling at too fast a speed for the conditions and design of the roadway can lead to a serious pedestrian accident because the motorist might not ever see the individual crossing the street, walking parallel with the road or standing in a safe area as an innocent bystander.

• Driving Recklessly – Speeding through residential areas and in parking lots place the lives of innocent victims in grave danger.

• Disobeying School Zones – During school hours, motorists are required to obey school zone signs to allow young pedestrians to cross the road without assistance.

• Texting While Driving – Reading, sending or receiving a text message while driving , all constituting distracted driving, can be major distractions that cause many pedestrian accidents every year.

• Making Illegal U-Turns – Many intersections are specifically marked with signage indicating no U-turns allowed. When the motorist makes an illegal U-turn, the vehicle can easily hit an unsuspecting pedestrian in the crosswalk.

• Driving While under the Influence – Operating a vehicle while under the influence of drugs or alcohol causes a high majority of pedestrian accidents where the motorist was too impaired to notice a pedestrian.

RI law states ““…one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate…” http://www.lawserver.com/law/state/rhode-island/ri-laws/rhode_island_general_laws_10-7-2&nbsp;

The surviving family members of a wrongful death victim often face horrific financial burden by the untimely death. By filing a suit Providence or Newport Superior Court, the family can receive economic damages AND non economic damages as a result of the fatal collision or fall. The most common causes in cases handled by Rhode Island wrongful death lawyers involve:

Motor Vehicle Accident

Every motorist has a legal responsibility to drive in a safe and conscientious manner to protect themselves and all others sharing the road. Unfortunately, more than 30,000 individuals die every year in motor vehicle accidents or car accidents where some type of negligence or reckless action caused injuries and death.

Often times, the driver disobeyed traffic laws, failed to account for hazardous road conditions, drove recklessly in congested traffic or neglected obvious hazards/dangers that required an adjustment in their driving behavior.

The most deadly types of motor vehicle accidents are usually trucking collisions involving Semi Trucks, Tractor Trailers, Big Rigs and 18 wheelers. If your loved one was killed in a Tractor trailer crash in Rhode Island then you need to contact a RI truck accident lawyer who is also a Rhode Island wrongful death attorney. A RI wrongful death attorney will have experience litigating fatal trucking mishaps.

Motorcycle accidents are also some of the most deadly types of vehicular accidents in Rhode Island and Providence Plantations. If a spouse, child or family member is killed in a RI motorcycle accident then you need to retain a Rhode Island motorcycle accident lawyer. A garden variety rear end car accident in RI can become fatal if a car rear ends a motorcycle.

RI DWI and Driving Under the Influence Laws – Should a suspected inebriated driver Refuse a Breathalyzer at the request of a law enforcement officer? This Drunk Driving (DUI) law post explains the law concerning drunk driving in Rhode island and breathalyzer refusal litigation. This extensive law post answers the crucial question: Should a suspected …

David Slepkow's insight:

Are there any clear and consistent guidelines to determine if a suspected drunk driver should refuse a breathalyzer test upon request of a local or state police officer in Rhode Island?

a) If you are 100 percent certain that you will pass the test then take it.

b) If someone is injured or is killed in a motor vehicle, truck or car accident in which you have been drinking in the hours prior to the vehicular wreck then always refuse the Breathalyzer.

c) If you already have a prior criminal Drunk driving conviction within the past five years, then you must refuse the breathalyzer because you face minimum jail time.

d) If you are in a profession in which a criminal conviction may hurt your career or subject you to professional discipline, i.e. lawyer, politician, teacher, then you probably should refuse.

Statistics:

“In 2013, 10,076 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third (31%) of all traffic-related deaths in the United States.1

“In 2013, 10,076 people were killed in alcohol-impaired traffic crashes, accounting for 31 percent of all motor vehicle fatalities. Impaired driving continues to be a serious traffic safety and public health issue for states. According to AAA, alcohol is a factor in about 40 percent of traffic fatalities each year, and nearly 1.5 million people are arrested annually for driving under the influence of alcohol or drugs.” National Conference of State Legislatures, ALCOHOL IMPAIRED/DRUNK DRIVING http://www.ncsl.org/research/transportation/alcohol-impaired-driving.aspx

One of the safest modes of transportation is a bus. In fact, buses have the lowest accident rates when compared to cars and motorcycles. Although buses are relatively safe, there are still instances of accidents involving buses in Rhode Island. When these RI bus accidents occur, they impact the lives of several people at once. Common …

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Injured in a Bus Accident – Next Steps

If you are involved in a bus accident, it is crucial to be aware of the steps to take in order to protect your interests.

1. After the accident, take an assessment of your safety as well as the safety of the other passengers. If someone is hurt, seek immediate attention from a health professional.

2. If you have a car that collided with a bus, do not discuss the fault of the case with any person on the scene. You may be tempted to explain yourself or offer apologies to the bus operator. Resist the urge to do so because your words may be held against you in a court of law.

3. Call 911 to report the accident. The operator will dispatch an ambulance and a police officer. Make the call as soon as you have access to a telephone.

4. Ask the bus operator for his information including driver’s license, employer name and insurance information.

5. Take pictures of the Providence bus accident scene. After the shock of the accident wears off, the bus company will try to protect itself from liability. Pictures can provide a reasonably accurate account of the accident.

Premises liability in Rhode Island concerns the general area of law, which pertains to establishing or refuting that a real property owner or person / corporation in possession of the real property is or is not liable for an accident leading to injuries to a visitor, guest or other using the land. Premises liability is …

What are the most frequently pursued premises liability and slip and fall cases in Rhode Island?

I believe that slip and fall, personal injury cases, are the most frequently filed type of premises liability lawsuits in RI. Many slip and fall accidents are caused by substances or foods such as water, liquids, foods, fruits, grapes, vegetables, condiments, salad, ice, slush and or oil located on the floor. The substance could be slippery or even sticky. Some slip and falls are caused by uneven surfaces, holes in the floor or defective conditions on the floor or stairs.A RI “premises liability” personal injury case is not limited to only slip and fall cases but includes other personal injury claims such as dog bites and animal attacks, inadequate lighting, inadequate security, unsafe design or construction

Where do most slip and fall cases occur in Rhode Island?

Slip and falls most frequently occur in restaurants, supermarkets, driveways, entranceways, porches, department stores, sidewalks, grocery stores, banks and hospitals. Any owner of property and certain occupiers of the property may be held liable for premises liability including but not limited to corporations, Limited Liability Company (LLC), partnerships, trusts, sole proprietorships, government entities such as cities, towns, or the state itself.Many of the slip and fall cases are a result of food or liquid on the floor of a supermarket or restaurant. Slip and fall claims also can result from a landowner or occupier failing to take adequate steps to shovel snow, clear ice from an entranceway, remove ice from a sidewalk, driveway or parking lot.

David has been practicing for ten years and is licensed in Rhode Island, Massachusetts and Federal Court. David also handles divorce, family law and child support cases. Please go to Official Website of Rhode Island Personal Injury Law lawyer and Auto Accident Attorneys to obtain more information or contact attorney David Slepkow at 401-437-1100.

The primary problem with determining damages from a rear end collision is determining how badly the driver and / or passengers in the vehicle are injured. Injuries to the head and neck, such as whiplash, are common in rear end collisions. However, these injuries do not always cause immediate pain and may take some time to develop. Other injuries, such as dislocated joints and broken bones, may result in lingering problems that can lead to significant medical costs and physical limitations over time.

Damage to a vehicle from a rear end collision can also be difficult to determine. A slight compression of the vehicle’s frame may not be visible, but can cause real problems. Due to the collision, it may not be possible to properly align a vehicle’s tires. This can cause the vehicle to not handle as well as it did before the accident and cause reduced tire life. A damaged frame will also significantly reduce the value of the vehicle, even after the cosmetic repairs are completed. The jolt from an accident can also damage the vehicle’s electronics, especially safety sensors, making the vehicle less safe to drive.

Due to the complexities of the potential personal injuries and vehicular damage, it is important for a victim to have the services of a trained and experienced MA personal injury lawyer or Massachusetts car accident attorney who will help them to determine the extent of their financial loss and to pursue just compensation. When an auto accident in Mass.

occurs, an insurance company will take action to avoid paying a claim and to reduce the amount of any claim payout. In fact, auto insurance companies have teams of Massachusetts automobile crash attorneys working to protect the interest of the company by limiting claim payouts. By having an experienced Massachusetts personal injury attorney or a Boston car accident lawyers on his or her side, a person who has been in a Mass. accident will have an advocate who can help to fight the insurance companies lawyers and to get a fair and just settlement.

Owning a rental property In Rhode Island is not always as easy as some people believe. There are a lot of things a RI multi-family residential landlord must take into consideration to be protected from legal liability. Legal liability is an issue all landlords need to take into account. If someone gets hurt on a rental …

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Structural Collapse

Structural collapse is another issue in which a landlord could be held liable. A structural collapse could involve the whole house, but this problem is more common for staircases. If a tenant were injured in the structural collapse of a staircase, it must be proven that the landlord was at fault.

For example, the landlord will be held liable if it can be proven that he or she was aware of the unsafe condition of the staircase. If the landlord took reasonable measures to fix the issue, he or she would not be held liable.

What do RI Slip and Fall lawyers do to get their clients compensated as a result of a premises accident?

In the event of a fall by a worker in the scope of employment, there may be a Rhode Island workers compensation claim against the employer. RI workers comp is a no fault cause of action with more limited damages than a traditional negligence liability cause of action. However, under Rhode Island law a worker can still seek full liability damages against a third party. This third party liability cause of action could be a RI product liability claim or a medical malpractice for a doctor who negligently treats a work related injury.

The best Providence slip and fall attorneys will immediately develop a strategy, retain the best engineers and experts and begin the process of preparing the case for a trial on the merits. Retaining a top mechanical engineer, safety expert or other expert is not enough. An effective Rhode Island personal injury lawyer will effectively and smartly utilize the expert and his accident reconstruction or other report.

The RI premises liability lawyer will establish that an unsafe/ dangerous condition caused the injured victim’s injuries. This process of establishing negligence and liability involves potentially analyzing and securing photographs, reviewing expert reports, obtaining medical, surgical and hospital records as well as examining and obtaining video surveillance of the scene of the fall mishap.

Slip and fall may occur both indoors and outdoors and often happen on ramps, stairs, walkways, parking lots etc. In the event of a trip, slip or tumble on government or municipal property there may be very strict notice requirements that must be carefully followed by the RI liability lawyers.

In the event of catastrophic, serious or permanent injury the East Providence injury solicitor may retain medical experts to establish damages, causation, permanency as well as future life restrictions. In the event of a settlement or a judgment, after a judge or jury fall related trial on the merits, then the Warwick premises injury lawyer needs to settle and resolve all subjugation liens.

Fighting the cheap insurance adjuster trying to deny a slip and fall claim.

The best personal injury attorneys in Rhode Island will be savvy negotiators who know how to properly evaluate the value of a RI tort claim and are not afraid to ‘trade punches’ with an insurance adjuster, so to speak. The starting point of a successful negotiation is an intelligent demand letter setting forth the details of the claim, medical damages, liability and causation.

Snowstorms often create adverse conditions on roadways in Rhode Island. All too often, drivers to not take the proper care to drive safely in snowstorms and accidents result. Snowstorms in RI often create slick roads and reduce visibility. Drivers who drive too fast for the conditions and cause an accident, may be held responsible for …

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A claim against the irresponsible driver requires proof of certain legal elements. You must be able to show that the other driver was negligent and that their negligence caused your injuries. This can be complicated, but there are some things you can do to improve your chances of success. This includes:

Perhaps the most important thing accident victims in Providence, Rhode Island can do is to contact an experienced Rhode Island personal injury attorney as soon as possible. A Providence auto accident attorney will be able to guide you through the process and represent you in your claim against the other driver. Your RI automobile crash attorney can negotiate with insurance companies to try to resolve the issue, and if the insurance company is not reasonable, the RI personal injury attorney can pursue damages directly from the other driver. A Warwick automobile collisionattorney will know what is needed to be successful in a claim and can help you gather the necessary information and evidence. Do not delay contacting a personal injury lawyer in Rhode Island if you have been injured in a snowstorm car accident.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

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